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17Th Plenary Session The Congress of Local and Regional Authorities 20 th SESSION CG(20)7 2 March 2011 Local elections in Ukraine (31 October 2010) Bureau of the Congress Rapporteur: Nigel MERMAGEN, United Kingdom (L, ILDG)1 A. Draft resolution....................................................................................................................................2 B. Draft recommendation.........................................................................................................................2 C. Explanatory memorandum..................................................................................................................4 Summary Following the official invitation from the Minister of Foreign Affairs of Ukraine to observe the local elections on 31 October 2010, the Congress appointed an observer delegation, headed by Gudrun Mosler-Törnström (R, Austria, SOC), Member and Vice-President of the State Parliament of Salzburg. Councillor Nigel Mermagen (L, UK, ILDG) was appointed Rapporteur. The delegation was composed of fifteen members of the Congress and four members of the EU Committee of the Regions, assisted by four members of the Congress secretariat. The delegation concluded, after pre-election and actual election observation missions, that local elections in Ukraine were generally conducted in a calm and orderly manner. It also noted with satisfaction that for the first time, local elections were held separately from parliamentary ones, as requested in the past by the Congress. No indications of systematic fraud were brought to the attention of the delegation but there was evidence of inconsistencies. The principal matter of concern – also shared by other international and domestic observers – was a newly adopted local election law which created politically unbalanced electoral commissions, discretionary registration of candidates and overly complicated voting and counting procedures. Considering the findings of its missions, the Congress delegation assessed that overall, the local elections of 31 October 2010 in Ukraine met neither the standards that it wished to see, nor the standards set by the presidential elections in January and February 2010. Consequently, the Congress delegation calls on responsible Ukrainian authorities to continue dialogue with the Council of Europe, particularly the Venice Commission, and to pursue thoroughly the reform aiming at adopting a unified electoral code for Ukraine. In parallel, the local self-government reform project should be further enhanced. The Congress delegation encourages President Yanukovych to endorse these policies. 1 L: Chamber of Local Authorities / R: Chamber of Regions ILDG: Independent and Liberal Democrat Group of the Congress EPP/CD: European People’s Party – Christian Democrats of the Congress SOC: Socialist Group of the Congress NR: Members not belonging to a Political Group of the Congress CG(20)7 A. DRAFT RESOLUTION 1. Free and fair elections, at national but also at territorial level, constitute an integral part of democratic processes in Council of Europe member states. 2. The Congress of Local and Regional Authorities welcomes that, since its accession to the Council of Europe in 1995, Ukraine has committed herself to strengthening local and regional democracy. 3. It also acknowledges the efforts of Ukraine in respect of its ongoing reform process of democratic structures, electoral legislation and local self-government. 4. The Congress takes note of the Draft Recommendation regarding the findings of the mission to observe the local elections in Ukraine of 31 October 2010. 5. Given the above, and in conformity with its Resolution 306(2010) – on strategy and rules for the observation of local and regional elections, the Congress, a. mandates its Monitoring Committee to take note of this Draft Recommendation and to take it into account during the foreseen assessment of the progress made by the country in honouring her commitments to the European Charter of Local Self-Government ; b. decides to examine, in co-ordination with other Council of Europe bodies, ways of supporting Ukraine in devising and implementing the necessary reforms for a tangible improvement of local and regional democracy. B. DRAFT RECOMMENDATION 1. The Congress of Local and Regional Authorities of the Council of Europe refers to: a. the Committee of Ministers’ Statutory Resolution (2000)1 on the Congress of Local and Regional Authorities of the Council of Europe; b. the principles laid down in the European Charter of Local Self-Government (ECLSG) which was ratified by Ukraine on 11 September 1997. 2. The Congress points to the importance of genuinely democratic elections and to its specific mandate and role in the observation of local and regional elections in Council of Europe member countries. 3. It stresses that the Congress observes elections only upon invitation by the countries. Just as the monitoring process of the European Charter of Local Self-Government, election observation missions are conceived as co-operation activities. 4. It expresses its will and availability to participate in activities aimed at strengthening local democracy as well as electoral processes in Ukraine. 5. The Congress welcomes the willingness of the Ukrainian authorities to receive international observers. However, it regrets that for these local elections the official invitations to international observers were sent only four weeks before election day which created difficulties in the preparations for the observation missions. 6. The Congress notes with satisfaction that, for the first time, local elections were held separately from parliamentary ones as recommended by Congress Recommendation 192 (2006). 7. It also notes with satisfaction that, in general, the polling process was conducted in a calm and orderly manner. 2/48 CG(20)7 8. The Congress welcomes the improvements observed in regard to the certification of voters’ lists in comparison to previous elections. 9. However, the Congress regrets to note that shortcomings remain in respect of the legal framework concerning local electoral processes in Ukraine: a. a new law on local elections (the law on Elections of Members of the Verkhovna Rada of the Autonomous Republic of Crimea, Local Councils and Village, Settlement, City Mayors) came into force only three months before the elections and was amended on 30 August 2010, only two months prior to the elections; b. this new law made changes, in particular, to: party registration requirements; the composition of electoral commissions; the possibility of independent candidatures; as well as electoral timelines. Provisions of this law had serious impacts on the quality of conduct of local elections in Ukraine. During its meetings and visits the Congress delegation was also informed of problems that some candidates had faced in registering to run in the elections as well as allegations of ‘cloning’ of opposition party branches; 10. The delegation also regretted that, due to the rushed time frame in which the local elections took place, there were shortcomings in the preparation for the elections. Notably insufficient training for electoral commission members which contributed to organisational problems and procedural violations, as well as the vagueness of the law and the number and size of ballot papers which led to an overlong complicated election count. 11. Taking into account the previous comments, the Congress invites the Ukrainian authorities to take all necessary steps: a. to submit the projected unified Electoral Code or any other new specific electoral legislation on local and regional elections in Ukraine to the Council of Europe Venice Commission for opinion, prior to adoption by the Parliament; b. to refrain from adopting new or changing existing electoral provisions within one year of elections, in compliance with the recommendations of the Venice Commission. In the new electoral provisions, the following concerns, which were observed during the local elections of 31 October 2010, should be addressed: - clearer explanations on how posts in electoral commissions are appointed; - a more balanced political representation in electoral commissions at all levels; - reconsideration of the electoral timetable to allow time for campaigning on the issues and training for electoral commissions; - allowing independent candidates to run in local elections, in particular, as mayoral candidates; - restriction of home voting to cases where it is absolutely necessary and requiring supporting documentation; - systematic and standardised training programme for all members of electoral commissions coordinated by the Central Election Commission; - a less time consuming counting procedure; - that the electoral complaint and appeal system be brought into compliance with the recognised European standards; - tighter control of the ballot design and printing process and that the order on ballot papers is decided by the drawing of lots; c. to send invitations to international election observers as soon as possible, after the date of elections has been decided; d. to ensure a centralised official publication of election results within a reasonable time frame; 3/48 CG(20)7 e. to reconsider the location of some of the polling stations because of their small size and difficult accessibility, in particular for voters with physical disabilities; f. to ensure that – in parallel with the electoral reform process – a substantial reform of local self- government structures will be accomplished, according to the principles
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